Tuesday
Jun042019

U.S. now requiring social media information from visa applicants

The Department of State recently updated both immigrant visa (DS-260) and nonimmigrant visa (DS-160) application forms.  The updates include requests that applicants provide additional information including "social media identifiers" such as usernames and previous email addresses.

The Washington Post reports that the new forms, which are completed online, list a number of social media platforms and require visa applicants to provide account names used during the previous five (5) years.

Read full article: U.S. now seeking social media details from all visa applicants

 

Thursday
May232019

Form I-192 Waiver Approval

I am admittedly behind in posting information regarding nonimmigrant waiver approvals.  Below, please find a summary of a case that was filed and approved earlier this year.

On March 25, 2019, my office received notice of approval of a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, which was filed at the Pacific Highway Port of Entry on January 20, 2019.  The processing time for this nonimmigrant waiver application was approximately nine (9) weeks.  This was the applicant’s first nonimmigrant waiver application. 

The applicant, a Canadian citizen, requires a nonimmigrant waiver to overcome a charge of inadmissibility under INA § 212(a)(6)(C)(i) - fraud/misrepresentation - that was lodged over 18 years ago.

Click to read more ...

Monday
Feb182019

The Constitution in the 100-Mile Border Zone

The ACLU has published an extremely informative article regarding U.S. Customs and Border Protection ("CBP") and, specifically, U.S. Border Patrol's authority when operating within 100 miles of any United States "external boundary."

Read Article

 

Thursday
Jan242019

New York State Passes DREAM Act

The New York State legislature has passed its own version of the DREAM Act, which allows undocumented children who are already students in the state to qualify for state aid for college.

Read Article: New York lawmakers just passed their own "DREAM Act"

Tuesday
Dec042018

Form I-192 Waiver Approved

Today, my office received notice of approval of a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, which was filed at the Peace Bridge Port of Entry on October 9, 2018.  The processing time for this nonimmigrant waiver application was approximately seven (7) weeks.  This was the applicant’s second nonimmigrant waiver application. 

The applicant, a Canadian citizen, requires a nonimmigrant waiver to overcome a charge of inadmissibility under INA § 212(a)(6)(C)(i) - fraud/misrepresentation - that was lodged over eight (8) years ago.

In support of this waiver application, I prepared a detailed legal brief addressing each of the three (3) factors to be considered when adjudicating these waiver applications:

(1)    The risk of harm in admitting the applicant;

(2)    The seriousness of the acts that caused the inadmissibility; and

(3)    The importance of the applicant’s reasons for seeking entry.

See Matter of Hranka, 16 I&N Dec. 491 (BIA 1978).

In this particular case, my brief emphasized the fact that the applicant’s sole ground of inadmissibility was neither criminal nor violent, and focused on the many charitable activities that the applicant has regularly engaged in since his inadmissibility as evidence of his rehabilitation.  Finally, I discussed the applicant’s reasons for seeking entry, which included visits to the U.S. for both business and pleasure.

Based upon these factors, my client’s waiver application was approved for a validity period of five (5) years.